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MYERS v. STATE FARM INS. CO.

No. 87-1055.

842 F.2d 705 (1988)

MYERS, Kevin, Appellant, v. STATE FARM INSURANCE COMPANY.

United States Court of Appeals, Third Circuit.

Assigned January 12, 1988.

Decided March 24, 1988.

Attorney(s) appearing for the Case

Francis X. Nolan (argued), Himes, Sanders & Nolan, P.C., Philadelphia, Pa., for appellant.

James R. Ronca (argued), Schmidt & Ronca, P.C., Harrisburg, Pa., for amicus curiae Pennsylvania Trial Lawyers Ass'n (on behalf of appellant).

Earl T. Britt (argued), Mary Gay Scanlon, Duane, Morris & Heckscher, Philadelphia, Pa., for appellee.

James C. Haggerty (argued), Swartz, Campbell & Detweiler, Philadelphia, Pa., for amicus curiae Pennsylvania Defense Institute (on behalf of appellee).

Before HIGGINBOTHAM and BECKER, Circuit Judges, and BARRY, District Judge.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This appeal concerns the legal status under Pennsylvania law of an insurance policy's limitations on underinsured motorist coverage. The district court, after denying plaintiff's motion to dismiss a counterclaim for declaratory relief, entered an order granting summary judgment in favor of the defendant insurance company. We will affirm.

I. BACKGROUND

Appellant Kevin Myers was...

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